SITA RAM Vs. EXECUTIVE ENGINEER IRRIGATION

JUDGEMENT

(1.) V. M. Sahai, J. The petitioner was appointed as Beldar on 1-10-69. He con tinued to work without any break in ser vice on fixed salary of Rs. 1,675 p. m. He worked continuously till 30-6-94. The Ex ecutive Engineer, Irrigation, Division (1st), Deoria, by order dated 29-6-94 ter minated the services of the petitioner treating him to be a temporary employee under the U. P. Temporary Government Servants (Termination of Services) Rules, 1975 (in brief Rules ). The petitioner chal lenged the order dated 29-6-94 by means of the present writ petition.

(2.) THE respondents have filed counter-affidavit wherein it was stated that the petitioner was appointed on tem porary basis. THE work of the petitioner was unsatisfactory which has been marked in his character roll. THE petitioner was work charge Beldar and there is no re quirement for continuing the petitioner as the work is over. THE services of the petitioner was rightly terminated under the Rules.

(3.) THE argument of the respondents that there is no work or post available for the petitioner cannot be accepted. THE main concern of the Court in such matters is to ensure the Rule of Law and to see that the executive acts fairly and gives a fair deal to its employees consistent with the requirements of Articles 14 and 16. It also means that the State should not exploit its employees nor it should seek to take ad vantage of their helplessness. THE State must be a model employer.